may be, and who shall perform the duties of assessor as prescribed by law.

SEC. 2. Each assessor shall receive from his county Per diem such sum, not exceeding seven dollars per day for each day

of actual service, as the board of county commissioners may deem right and just.

ARTICLE VI.

Coroner.

SEC. 1. There shall be in each organized county, a coroner, who shall hold his office for two years, and until his successor is elected and qualified according to law, and who shall take an oath to support the constitution of the United States, and the act organizing the territory of Wyoming, and to faithfully perform the duties of the office of coroner as prescribed by law, and shall also give bond to the people of said territory, in the penal sum of one thousand dollars, with sufficient sureties, to be approved by the board of county commissioners, conditioned that he will faithfully perform all duties required by law as such coroner.

SEC. 2. When the sheriff, from any cause, shall be committed to the jail of his county, the coroner shall be keeper thereof, during the time the sheriff shall remain prisoner therein.

Coroner.

When to keep jail.

Execution of

SEC. 3. Every coroner shall serve and execute process of every kind, and perform all other duties of the sheriff, process when the sheriff shall be a party to the case. In such case he shall exercise the powers and proceed in the same manner as prescribed for the sheriff in performance of similar duties.

SEC. 4. The coroner shall hold an inquest upon the dead bodies of such persons only, as are supposed to have died by unlawful means, or the cause of whose death is unknown. When he has notice of the dead body of any person supposed to have died by unlawful means, or the cause of whose death is unknown, found or being in the county, it shall be his duty to summon forthwith six citizens.

Inqueste.

of the county, to appear before him at a time and place named.

SEC. 5. If any juror fails to appear, the coroner shall summon the proper number from the bystanders immediately, and proceed to impanel them, and administer the following oath in substance:

"You do solemnly swear (or affirm) that you will diligently inquire and true presentment make, when, how and by what means, the person whose body lies here dead, came to his death according to your knowledge and the evidence given you, so help you God."

SEC. 6. The coroner may issue subpoenas within his county for witnesses, returnable forthwith or at such time as he may direct therein, and witnesses shall be allowed the same fees as in cases before a justice of the peace, and the coroner shall have the same authority to enforce the attend-. ance of witnesses and to punish them and jurors for contempt in disobeying his process, as justices of the peace have in cases before them.

SEC. 7. An oath shall be administered to each witness,, as follows:

"You do solemnly swear (or affirm) that the testimonywhich you shall give to this inquest concerning the death of the person here lying dead. shall be the truth, the whole truth, and nothing but the truth, so help you God." The testimony of the witness sworn shall be reduced to writing under the coroner's order, and subscribed by each witness.

SEC. 8. The jurors having inspected the body, heard the testimony and made all needful inquiries, shall return to the coroner their inquisition in writing under their hands. stating therein as near as possible the name of the person, and when, how and by what means, if known, he came to his death.

SEC. 9. If the inquisition find a crime has been committed on the deceased, and name the person who the jury believes has committed it, hereupon, if the person charged be present, the coroner may order his arrest by an

officer or any person, and shall then make a warrant requiring the officer or other person to take him before a justice of the peace. But if the person charged be not present, and the coroner believes he can be taken, and may escape unless immediately taken, he may issue a warrant to the sheriff or any constable of the county requiring him to arrest the person and take him before a justice of the peace; and the warrant of a coroner in such cases, shall be of equal authority with that of a justice of the peace, and when the person charged is brought before the justice, like proceedings shall be had as in similar cases commenced before a justice of the peace sitting, as court of inquiry.

SEC. 10. The coroner shall then return to the district Inquisition. court, the inquisition, the written evidence, and a list of

witnesses who testify material matter.

Delivery of

SEC. 11. The coroner shall cause the body of a deceased person, which he is called to view, to be delivered by to his friends, if there be any, if not, he shall cause him to be decently buried, the expenses of the same to be paid from any property found with the body, or if there be none, then from the county treasury, by certifying an account of the expenses to the board of county commissioners, which shall be acted upon by said board as in cases of other accounts presented to them.

SEC. 12. When there is no coroner, or in case of his absence, or inability to act, any justice of the peace of the same county is authorized to perform the duties of coroner. in relation to dead bodies.

SEC. 13. When an inquisition is being held, if the coroner or the jury shall deem it requisite, he may summon one or more physicians or surgeons, to make a scientific. examination, and may allow, in such case, a reasonable compensation, subject to the confirmation of the board of county commissioners.

Absence of

coroner.

Scientific examination.

ARTICLE VII.

County Surveyor.

SEC. 1. There shall be in each organized county, a

Surveyor.

Official duties.

Records.

county surveyor, who shall hold his office for two years, and until his successor is elected or appointed and qualified according to law. He shall take the oath prescribed in this act to be taken by other county officers, said oath to be indorsed on his certificate of election or appointment, and shall give bond with sureties, to the people of this territory in the penal sum of one thousand dollars, for the faithful performance of his duties, which oath and bond shall be filed in the county clerk's office.

SEC. 2. It shall be the duty of the county surveyor to execute any survey which may be required by order of any court, or upon application of any individual or. corporation, and the certificate of the county surveyor shall be admitted as legal evidence in any court of the territory, but the same may be explained or rebutted by other evidence.

SEC. 3. The county surveyor shall keep a correct and fair record of all surveys made by him in a book to be provided for that purpose by the county, which he shall transmit to his successor in office. He shall also number such surveys progressively, and shall also preserve a copy of field notes and calculations of each survey, indorsing thereon its proper number; a copy of which, and also a fair and accurate plat, together with a certificate of survey, shall be furnished by said surveyor to any person requiring the same.

County a t

torney.

ARTICLE VIII.

County Attorney.

SEC. 1. There shall be in each organized county a county attorney, who shall before entering upon the duties of his office, take the oath required of other county officers in this act, which oath shall be indorsed on the back of his certificate of election or appointment, and shall also give bond to the people of this territory in the penal sum of two thousand dollars, with sufficient sureties, to be approved by the board of county commissioners, conditioned for the faithful performance of the duties of his office as required by

law, and said certificate and bond shall be filed with the county clerk, and a copy of said certificate of election shall be filed by such attorney with the clerk of the district court sitting for his county.

SEC. 2. Every county attorney shall appear in the Duties. district court in behalf of the territory and the county in which he may be elected or appointed, in all indictments, suits and proceedings which may be pending or arise in said County, wherein the territory or the people thereof, or said county may be a party, he shall also appear at the hearing of every writ of habeas corpus, sued out in his county by Habeas corpus any person charged with or convicted of any public offense before the judge of his district, he shall prosecute or defend against all appeals and writs of error which may be removed from the district court of his county to the supreme court of this territory, in all cases where said county or territory is a party in all such indictments, actions, suits or proceedings which may be brought to the district court, when sitting in and for said county, by change of venue from any other district court of this territory, and he shall appear in the preliminary examination of persons charged with any offense before any justice of the peace or judge within his county. Nothing contained in this section shall be so construed as to prevent the county commissioners of any county from employing one or more attorneys to appear and prosecute or defend or assist said attorney in so doing in behalf of the people of the territory or such county, in any such indictment, action or proceeding.

Proviso.

Opinions in

SEC. 3. The county attorney, upon request of any county officer of his county, shall without fee, give his writing, gratis. opinion in writing upon all questions of law having reference to the duties of such officer which may be submitted, 'and shall file and preserve in his office a copy of all such opinions.

SEC. 4. Each county attorney shall receive such fees as may be allowed him by law, and the county attorney shall not receive any fee from, or prosecute or defend for any

Fees.